- Consumer electronic devices
- Imaging products
- Textiles/apparels (sports and fashion)
- Toys/children’s products
- Whitegoods/home appliances.
Product liability and product safety
Kennedys has a market leading product liability, recall and mass tort litigation practice across the UK and Europe, Asia Pacific, the Americas and the Middle East. Our global reach enables us to deal effectively with claims wherever and whenever they arise in the world.
Kennedys has a market leading product liability, recall and mass tort litigation practice across the Europe, Asia Pacific, the Americas and the Middle East. Our global reach enables us to deal effectively with claims wherever and whenever they arise in the world.
We act for parties along the entire supply chain and have in-depth expertise in high-profile and complex matters involving a wide range of products including pharmaceuticals, medical devices, petrochemicals, engineering and heavy construction equipment, household and electrical goods, foodstuffs and auto products serial losses.
Our clients are manufacturers, leading retailers and suppliers, as well as their insurers and reinsurers.
- Our product liability expertise
We have in-depth knowledge of all aspects of product liability and regularly advise on:
- Legal liability and exposure
- Contractual liability including limitations under exclusions and warranties
- Cross-border and multi-jurisdictional issues
- International claims, including acting as monitoring counsel
- Policy drafting and interpretation
- Reputational risks
- Insurance coverage advice.
- Product recall and mass tort litigation
We have highly specialist teams that focus on providing bespoke advice on recall and regulatory issues, mass tort and group claims management, insurance coverage and defence.
We are leaders in life sciences, focusing on pharmaceuticals, medical devices and clinical trials. Our wide-ranging practice also involves other types of large mass claims arising in connection with foodstuffs, chemicals, engineering, consumer and other products.
We have particular strength in managing the defence of multi-national cross-border claims around the world, acting as coordinating or ‘lead’ counsel to ensure our client’s response is consistent and controlled around the globe.
Our services include:
- First response strategy
- Regulatory advice
- Reserving and financial projections
- Claims management and dispute resolution
- Group litigation
- Global claims coordination through our integrated network of Kennedys and associated offices
- Risk mapping and simulations
- Reputation management
- Insurance coverage advice
We also team up with external specialists and, as project managers, integrate their input. By managing this process, as matters develop, we save our clients the inconvenience of managing multiple service providers in demanding situations. Full collaboration across the offices and individuals in the firm ensures clients receive the earliest possible benefit from the firm’s expertise.
Health, beauty and nutrition
- Drinks (including alcohol)
- Food (including GMOs).
Industrial, vehicles/transport and machinery
- Construction products
- Medical devices
Our clients are manufacturers, leading distributors and retailers, as well as their insurers and reinsurers.
We are often sought out in high-stakes, international matters to assist companies navigate the ever-more complex and global nature of modern-day product law issues. In our capacity as overall strategic legal advisers in such matters, we often coordinate the input of international external legal and non-legal specialists.
Our product law expertise
We have in-depth knowledge of all aspects of product law matters across the product lifecycle.
We regularly advise on product launch and development, corporate social responsibility, marketing, advertising and product claims, ongoing regulatory compliance, regulator engagement and enforcement, consumer rights and remedies, product recalls and other corrective actions, product liability and product-related contentious matters, mass tort litigation, and product law policy and legal reform.
Product liability and other product-related contentious matters, including mass tort litigation and collective redress
In respect of our market-leading practice in product liability and product-related contentious matters we regularly do the following:
Product liability and product-related contentious matters
Providing strategic management of manufacturer’s international portfolio of individual product liability claims, up to thousands of claims at a time, across global businesses.
Mass tort litigation
Successfully defending multi-jurisdictional, large product liability matters including successfully defending a landmark group litigation action (300+ claimants) in respect of to DePuy’s Pinnacle ULTAMET® Metal-on-Metal Articulation hip prostheses on behalf of the manufacturer. This case clarified the legal test for all defective products under consumer protection legislation in Europe. Handling over 7000+ product liability claims across EMEA in respect of an allegedly defective medical device.
Successfully defending global manufacturers in a 4-year criminal investigation undertaken by safety authorities for alleged breaches of EU product safety laws.
Acting for core participants in high profile, sensitive issue public inquiries, to include the Grenfell Tower Inquiry, the IMMDS (Independent Medicines and Medical Devices Safety) Review and the Infected Blood Inquiry.
Acting for clients in inquests which allege product-related deaths.
Product safety, including corrective actions and recalls
Our product safety specialism sees us regularly advise and act in the following capacities:
Routinely managing international product launches and market entry due diligence, in 40+ countries at a time, in consumer electronics, cosmetics, medical devices, cannabis, food and drink including in respect of new and innovative technologies.
Ongoing regulatory compliance
Advising clients on ad-hoc regulatory compliance obligations, across a broad range of sectors, including in respect of Brexit-related issues and legislative change.
Marketing, advertising and product claims
Advising on legality of product claims, including ‘green claims’ in particular and responding to or initiating complaints to relevant advertising bodies in respect of anti-competitive practices.
Corporate social responsibility
Regularly advising companies on product supply chains, design and disposal relating to environmental and ethical corporate social matters.
Regulator engagement and enforcement
Acting as liaison between companies and product safety authorities in respect of ad-hoc queries, regulatory investigations or for proactive relationship-building purposes.
Consumer rights and remedies
Advising manufacturers in respect of consumer rights, including in respect of warranties and ongoing obligations in the event of insolvency and end of product life issues.
Product recalls and corrective actions
Routinely coordinating some of the largest global product recalls and supply chain withdrawals undertaken, in respect of 100+ jurisdictions at a time, including in respect of home appliances, cosmetics and consumer electronics (lithium-ion batteries), medical devices and textiles.
Product law policy and legal reform
Acting for clients in policy work, including in respect of submissions and input into prospective legislation and legislative reform.
Processes and overall programmes for product safety and liability
Drafting product safety, product recall and product liability international processes for global companies.
Product safety blog
In Safe Hands
Kennedys global experts keep you up-to-date with the latest developments in international product safety.Go to blog
2022 product liability and safety forecast: trends and future risks
Product innovation – highlighted by COVID-19 vaccines – continues to make headline news. As the adoption of emerging technologies gathers pace, regulation is evolving to reflect this changing environment. We consider developments in the product safety and product liability sphere, and provide an overview of the topics and trends that are likely to impact corporates and their insurers in the months ahead.Read more
The Legal 500 UK 2021
The Legal 500 EMEA 2020